OUR COMMITMENT:

At Middlebrooks & Gray, P.A., we recognize that family law cases involve sensitive issues which can be emotionally draining on the client.  Our legal team employs patience, works closely with our clients, and often refers clients to appropriate outside professionals to minimize the stress and, to the greatest extent possible, limit the emotional toll that a family law case may have on our clients.  Good attorneys will encourage you to do all you can to save your marriage before embarking on the divorce process; to separate is a decision only you can make with your therapist's help.

At the onset of every case, Ms. Middlebrooks conducts a detailed analysis of the issues involved; this analysis then serves as the foundation for the strategic approach we develop to meet the goals of the client.  The combination of our exceptional analytical skills and our steadfast commitment to preparation are the keys to our clear and persuasive presentation of evidence during litigation and/or settlement.

Although Ms. Middlebrooks is an experienced litigator, we acknowledge that many times settlement is a more viable solution for the client.  Our years of experience and exemplary negotiating skills have contributed to a track record of achieving desired results for our clients whether settling out of court or proceeding to trial.

OUR PASSION:

Our passion for Family Law and dedication to meeting our clients' needs has enabled us to operate a practice based, almost exclusively, on client referrals and professional recommendations.  By placing professionalism and credibility at the forefront of our practice, Middlebrooks & Gray, P.A. has become recognized and respected by the judiciary, the community and our peers.

FAMILY LAW MATTERS:

• Division of Assets
  As part of the divorce process, you and your spouse will need to divide your assets. Division of assets is a three-step process.  First, we determine whether the assets are separate or marital property.  Second, the assets are valued. Third, assets are allocated between you and your spouse either by agreement or by a Judge.
   
• Spousal Support & Child Support
  We handle all aspects of child and spousal support.  From the outset, we determine whether support is owed, and if so, the appropriate amount.  The rules for child and spousal support are different.  Child support is based on the number of children in the relationship, the income of each parent, medical, education and other expenses of the children, and the amount of time the children spend with each parent.  Child support is typically set with a court formula and the court has little discretion to deviate from that formula.
  In contrast, spousal support is often negotiated and the court has broad discretion to set any appropriate amount and the duration of support. As part of the overall case strategy, we determine what "on-going" spousal and child support is appropriate post divorce.  In complex cases, forensic accountants may be used to determine the income available for support; tax consultants may be used to develop tax-advantaged support arrangements and trained specialists may perform vocational evaluations to determine the potential income of a spouse who is not employed or is "under-employed."  Ultimately, the amount of spousal support owed, if any, will also depend upon the assets assigned to you and your spouse in the division of assets.
   
• Child Custody
  We understand that for most of our clients, custody of their children is their biggest concern. We will help you develop a comfortable, child-centered arrangement tailored to your family's specific needs.  In addition to helping most clients reach an agreed custody schedule, we also handle the spectrum of contested custody issues. We represent mothers and fathers, stay-at-home parents and working parents, parents who wish to move away and parents who object to their spouse's move away request.  As part of our strategy, we work in tandem with psychological experts to help you develop a custody and timeshare plan that is best for your children.
   
• Premarital and Postmarital Agreements
  These agreements are a specialized area of family law.  Premarital agreements are contracts that specify how you and your fiancé will treat your assets during marriage, upon divorce, or upon one spouse's death.  If you do not have a premarital agreement, then your assets are divided pursuant to Tennessee law.  Some people prefer to treat assets differently from Tennessee law.  The most common reasons people choose to have a premarital agreement include preserving assets as separate property (such as an inheritance), preserving assets for children from a prior marriage or relationship, or coordinating estate and financial planning to be sure they are consistent.  Premarital agreements should be signed at least eight weeks prior to the wedding.
   
• Parental Relocation (move-away cases)
  In Tennessee, if a parent wishes to move more than one hundred (100) miles away, or outside the State of Tennessee, he or she must have consent of the other parent or permission of the Court. Our firm represents parents who wish to move and parents who oppose the move.
   
• Parentage (Paternity)
  Under Tennessee law, a child born during a marriage is presumed legally to be a child of the marriage.  However, in many cases, a child is born out of wedlock, or the mother's husband is not the father.  Establishing parentage can have a significant impact on custody, parenting rights, and child support obligations.  While many parents choose to establish parentage voluntarily, it is sometimes necessary to litigate the matter in court.  Our firm has experience handling the legal aspects of all types of parentage matters.
   
• Post-Divorce Support and Custody Modifications
  Sometimes, even after a divorce is final, a parent's circumstances may change significantly due to a loss in income or a change of location. In these cases, Tennessee law allows the court to set aside or modify a support order.  If you or your spouse's circumstances have changed in some way, our firm can work to advocate for your best interest, and the best interests of your children, in the court's modification and/or enforcement of support and custody orders.
   
• Contempt and Enforcement of Orders
  Unfortunately, some former spouses and parents do not obey the court's orders.  It then becomes necessary to take the non-compliant person back to court.  Our firm will assist in organizing the financial information and seeking the court’s assistance in compliance with its orders.
   
• Mediation Services
  The firm offers mediation services to those individuals who want to take an active role in structuring their own divorce settlement.
  Individuals who choose mediation share with their spouses a commitment to working together in a cooperative, non-adversarial way to achieve a fair division of their property and to resolve such issues as spousal support, child support, child custody, and parenting plans.
  In Tennessee, mediation is required prior to trial in all cases, unless excused by the court under exceptional circumstances.
  For clients of the firm, we prepare the case for mediation and attend the mediation sessions with our client.